Supreme Court sends Advanced Specialty Gas case back to district court

The Nevada Supreme Court on Thursday sent the dispute over Lyon County's attempt to keep Advanced Specialty Gas Corp. plant shut down back to Lyon County.

District Judge David Huff ordered the Lyon County Commission to reconsider its revocation last August, saying he found no "clear, concise findings" that supported the commission decision. The county responded by appealing but lawyers for ASG argued it's not legally "ripe" for consideration by the Supreme Court because the district court didn't "dispose of the issues in this case."

Justices Miriam Shearing, Myron Leavitt and Nancy Becker agreed the district court didn't issue a final order and, instead, sent the issue back to the county commission to hear further evidence and review the case.

"A party may only appeal an order remanding a matter to an administrative agency if the order constitutes a final judgment," the court ruled.

The justices said the district court didn't render a final judgment but "directed the Lyon County Commission to consider possible alternatives to the revocation of the special use permit and directed the Lyon County Commission to support their decision with clear, concise findings of fact supported by the evidence considered."

The justices refused to intervene in the case, sending it back to the county.

ASG was shut down after an explosion ripped off part of its roof in July 2000. No one was injured and company president Michael Koonce says ASG operates safely. Neighbors in the area say the plant isn't safe and should not be allowed to reopen. County commissioners agreed, revoking ASG's special use permit to operate the gas manufacturing plant. ASG sued and Judge Huff agreed the county commission didn't back up its decision with proper evidence.

The county has scheduled a new hearing on the issue next week and county officials say they will present additional evidence to support the argument the special use permit should be revoked.

Koonce argues no more evidence is needed. He said the judge's ruling says the commission didn't have enough reason to revoke the permit and they should be allowed to reopen for business.